How Does Marriage Affect Parental Rights and Obligations?

How Does Marriage Affect Parental Rights and Obligations?

Posted By
Dean Kantaras

These days, men and women are waiting longer to get married and cohabitation
is on the rise. This trend also brings about a rise in the number of children
being born to unmarried parents. These couples often break up, just as
married couples do, and then questions arise as to the parental rights
and responsibilities of each parent towards the children. How will time-sharing
work, and who will have to pay child support?

It’s comforting to know that, in Florida, even if you were not married
to the other parent of your child, you may have the same rights to your
child as married parents do. However, mothers and fathers are treated
differently from one another in an unmarried situation. If a child is
born into a marriage, the husband (or man) is presumed to be the father
of the child. However, when the parents are not married, no such presumption
arises in Florida. While everyone knows who the mother is and she does
not have to take any independent steps, the father has to establish his
rights to the child through a paternity action when the parents are not
married. If he does not, he has no legal rights to time-sharing or a parenting
plan regarding his child and even has no legal rights to participate in
the child’s life.

Paternity in Florida can be established in one of five ways:

Marriage – the parents are married when the child is born.

Acknowledgement of paternity – an unmarried couple can sign a document (a Paternity Acknowledgement)
at the hospital or later.

Genetic testing – the mother, the man believed to be the father, and the child all
take a genetic test.

Court order – a judge can establish paternity through a court order after hearing a case.

Legitimization – the parents of the child can get married after the child’s
birth and update the birth record.

When parents aren’t married, there are several reasons why it’s
important to establish paternity. First, the child will receive support
from the father and will benefit from having a father in his/her life.
Second, the father is able to benefit from being a part of his child’s
life. Third, establishing paternity allows the mother to receive financial
support for her child because, without establishing paternity, she has
no legal right to child support from the father if they are not married.

You can learn more about your rights as an unmarried parent by working
with knowledgeable Pinellas County family law attorneys.